Legal Foundations of Special Education

Transcription

1 Special Education Paraprofessional Facilitator Guide Preview the PowerPoint file from this module. Enhance it as needed. Find additional videos to supplement those listed. Discuss the role of the paraprofessional as it relates to this topic. Before Public Law 94-42, the Education for All Handicapped Children Act (975), the educational opportunities for students with disabilities were few. Many individuals with disabilities lived in state institutions which met only the essential needs of food, clothing, and shelter. Students were accommodated; they were not assessed nor educated. Inaccurate tests led to inappropriately labeling many children with disabilities, resulting in ineffective education as well. Providing appropriate education to students from diverse cultural, racial, and ethnic backgrounds was especially challenging, and many parents had no opportunity to be involved in making decisions about the education of their child. Children with disabilities had no resources to support them alongside non-disabled students within their neighborhood schools. A number of laws have contributed to providing the range of educational services and opportunities available to students with disabilities today. It is important for paraprofessionals to be aware of these laws and their contributions as a part of the constantly changing landscape of special education. Preview the objectives. Briefly state why each is important. Objectives By the end of this module, the paraprofessional will be able to:. Identify key legislation and court decisions before 973 relating to special education. 2. Describe federal laws related to providing education and related services to students with disabilities. 3. Recognize people-first language and its importance. 4. Summarize recommendations for the transition from early intervention to preschool services. 5. Locate school, school district, and state regulations, guidelines, and procedures. 6. Explore disability attitudes.

2 Module Legislation and Court Decisions before 973 During the 950s and 960s, the federal government began to develop and validate practices for children with disabilities and their families. These practices provided the foundation for early intervention and special education programs and services nationwide. Learn about the common principles of special education laws: org/parentguide/pgintro.html 973 Section 504 of the Rehabilitation Act According to the U.S. Department of Education, Office for Civil Rights (OCR): Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.... OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 04. The Training of Professional Personnel Act of 959 (Public Law 86-58) helped train leaders to educate children with mental retardation. The Captioned Films Acts of 958 (Public Law ), the training provisions for teachers of students with mental retardation (Public Law ), and 96 (Public Law 87-75), which supported the production and distribution of accessible films. The Teachers of the Deaf Act of 96 (Public Law ) trained instructional personnel for children who were deaf or hard of hearing. Public Law (963) expanded previous specific training programs to include training across all disability areas. In 965, the Elementary and Secondary Education Act (Public Law 89-0) and the State Schools Act (Public Law 89-33) provided states with direct grant assistance to help educate children with disabilities. The Handicapped Children s Early Education Assistance Act of 968 (Public Law ) and the Economic Opportunities Amendments of 972 (Public Law ) authorized support for exemplary early childhood programs and increased Head Start enrollment for young children with disabilities. Landmark court decisions also advanced increased educational opportunities for children with disabilities. For example, the Pennsylvania Association for Retarded Citizens v. Commonwealth (97) and Mills v. Board of Education of the District of Columbia (972) established the responsibility of states and localities to educate children with disabilities. Thus, the right of every child with a disability to be educated is grounded in the equal protection clause of the 4th Amendment to the United States Constitution. Source: HISTORY: Twenty-Five Years of Progress in Educating Children with Disabilities Through IDEA, U.S. Department of Education, Office Programs Preview the website alternate resource if 2 2

3 Special Education Paraprofessional Facilitator Guide The Section 504 regulations require a school district to provide a free appropriate public education (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. Activity. 504 FAQ Preview the website alternate resource if Directions: At the link below, find the answers to the questions listed. Write the answers in your own words. Q. How does the OCR get involved in disability issues within a school district? A. Q. What services are available for students with disabilities under Section 504? A. 3 3

4 Module Q. On what basis is the determination made of whether a student has a physical or mental impairment that substantially limits a major life activity? Is a list of specific diseases and conditions maintained? A. Q. What are four (4) examples of major life activities? A. Q. How does the nature of services to which a student is entitled under Section 504 differ by educational level? A. Q. How much is enough information to document that a student has a disability? A. Q. Are there any impairments which automatically mean that a student has a disability under Section 504? A. 4 4

5 Special Education Paraprofessional Facilitator Guide 974 Family Educational Rights and Privacy Act The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 8 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." Parents or eligible students can inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. Parents or eligible students can request that a school make corrections to records they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record explaining his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions: School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific state law. Schools may disclose, without consent, directory information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents or eligible students about directory information and allow a reasonable amount of time to request the school not disclose directory information. 5 5

6 Module Schools must notify parents or eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. Learn more about FERPA by watching this video: watch?v=36mb8bu9fqo Paraprofessionals must be cautious when it comes to all information about students. They must apply FERPA requirements in response to any request for such information. 975 Education for All Handicapped Children Act In the Education for All Handicapped Children Act (Public Law 94-42), the Congress found that the special educational needs of children with disabilities were not being fully met. In response, the stated purpose of Public Law (also referred to as EHA) was to assure that all handicapped children have available to them a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of handicapped children and their parents or guardians are protected, to assist states and localities to provide for the education of all handicapped children, and to assess and assure the effectiveness of efforts to educate handicapped children. Preview the video alternate video if The duration of this video is 9:00. Discuss potential scenarios involving the paraprofessional and student information. Key provisions of the law included: Free appropriate public education (FAPE) for children with disabilities aged 3-2; An individualized education program (IEP) for each child; Education of children with disabilities alongside children without disabilities, known as the least restrictive environment (LRE); Testing and evaluation materials and procedures which are () not racially or culturally discriminatory, and (2) provided and administered in the child s native language or mode of communication; Involvement of parents and others; 6 6

7 Special Education Paraprofessional Facilitator Guide A state plan that addresses personnel development, including in-service training of general and special educational instructional and support personnel; A state advisory panel to include teachers and parents or guardians of children with disabilities; and Due process rights and procedures. The law also defined the contents of the individualized education program (IEP). The IEP must include: () a statement of each child s present levels of educational performance; (2) a statement of annual goals and short-term instructional objectives; (3) a statement of the specific educational services to be provided and the extent to which the child will be able to participate in regular educational programs; (4) the projected date for initiating such services and their anticipated duration; and (5) criteria and procedures for determining whether instructional objectives are being achieved. Preview the video alternate video if The duration of this video is 0:0. Learn more about Public Law by watching this video: com/watch?v=qn0tdgzhq_4 984, 990, 998, 2006 Carl D. Perkins Vocational Education Act In 984, the Vocational Education Act was renamed the Carl D. Perkins Vocational Education Act (Public Law ). Among its changes to the earlier legislation, the 984 law sought to make vocational education programs accessible to special populations, including individuals with disabilities. The Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 990 (Public Law 0-392) made several revisions to the 984 act. Most set-asides for special populations were removed from the legislation, but the program remained focused on providing members of special populations with access to high-quality vocational education. These populations included disadvantaged and disabled students, limited English-proficient students, and students enrolled in programs to eliminate gender bias. The 2006 reauthorization renamed the legislation the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law ) to refer to career and technical education, rather than vocational and technical education. 7 7

8 Module 986 Education of the Handicapped Act Amendments of 986 The Education of the Handicapped Act Amendments of 986 reauthorized the EHA (described above). It also expanded upon Public Law to include infants and toddlers with disabilities. The law provided for early intervention services for children from birth to age 2 who were () experiencing delays in cognitive development, physical development, language and speech development, psychosocial development, or self-help skills, or (2) who had a diagnosed physical or mental condition which had a high probability of resulting in developmental delay. The law defined early intervention services (EIS) as meeting the infant or toddler s developmental needs in one or more of the areas listed above. In addition, such services included: Family training, counseling, and home visits; Special instruction; Speech pathology and audiology; Occupational and physical therapy; Psychological services; Case management services; Medical services for diagnostic or evaluation purposes; Early identification, screening, and assessment services; and Health services necessary to enable the infant or toddler to benefit from the other early intervention services. Under the law, each statewide system must include an individualized family service plan (IFSP) for each infant and toddler with disabilities, a public awareness program focusing on early identification of infants and toddlers with disabilities, and a comprehensive system of personnel development. The written IFSP must be developed by a multidisciplinary team that includes the parent or guardian and must be evaluated once each year. The contents of the written plan must include: the infant s or toddler s present levels of development (in the areas listed above), based on acceptable objective criteria; the family s strengths and needs relating to enhancing the development of the infant or toddler; the major outcomes expected to be achieved for the infant or toddler and the family; the criteria, procedures, and timelines used; and whether modifications or revisions to the outcomes or services are necessary; specific early intervention services necessary to meet the unique needs of the infant or toddler and the family; and the projected dates for initiating the services and their anticipated duration. 8 8

9 Special Education Paraprofessional Facilitator Guide Preview the video alternate video if The duration of this video is 29:59. Preview the website alternate resource if The IFSP must also include the steps to support the toddler s transition to the services available to the child under Public Law (once the child reaches age 3). Learn more about early infant assessment by watching this video: Learn about Oklahoma s early intervention program, SoonerStart: Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA defines an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. The ADA is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services. Modeled after the Civil Rights Act of 964 which prohibits discrimination on the basis of race, color, religion, sex, or national origin and Section 504 of the Rehabilitation Act of 973, the ADA is an equal opportunity law for people with disabilities. Preview the video alternate video if The duration of this video is 2:2. Learn more about the ADA by watching this video: watch?v=km2wf4f7t8m Title II of the ADA applies to state and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by state and local government entities. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 973, as amended, 29 U.S.C. 794, to all activities of state and local governments regardless of whether these entities receive federal financial assistance. Title II requires that state and local governments: 9 9

10 Module Give people with disabilities an equal opportunity to benefit from all programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). Must follow specific architectural standards in the new construction and alteration of their buildings. Must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. Learn more about the ADA: Preview the website alternate resource if 200 No Child Left Behind Act The No Child Left Behind Act of 200 (Public Law 07-0) was a reauthorization of the Elementary and Secondary Education Act of 965 (ESEA). Title of the NCLB, as it became known, is Improving the Academic Achievement of the Disadvantaged. The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging state academic achievement standards and state academic assessments. According to the NCLB, this purpose can be accomplished by [emphasis added]: ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging state academic standards so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement; meeting the educational needs of low-achieving children in our nation's highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and young children in need of reading assistance; 0 0

11 Special Education Paraprofessional Facilitator Guide closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; holding schools, local educational agencies, and states accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education; distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest; improving and strengthening accountability, teaching, and learning by using state assessment systems designed to ensure that students are meeting challenging state academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged; providing greater decision-making authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; providing children an enriched and accelerated educational program, including the use of school-wide programs or additional services that increase the amount and quality of instructional time; promoting school-wide reform and ensuring the access of children to effective, scientifically-based instructional strategies and challenging academic content; significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development; coordinating services under all parts of this title with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and affording parents substantial and meaningful opportunities to participate in the education of their children.

12 Module Learn more about NCLB by watching this video [NOTE: This video is 56:03 minutes long.]: 990, 997, 2004 Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA), or Public Law 0-476, replaced the EHA of 975 and its Amendments of 986. It placed greater emphasis on the individual, rather than on the individual s condition. The IDEA maintained key elements of the earlier law, such as FAPE, LRE and IEP. It required public schools to make available to all eligible children with disabilities a free appropriate public education (FAPE) in the least restrictive environment (LRE) appropriate to their individual needs. The IDEA required public school systems to develop appropriate individualized education programs (IEPs) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student. Learn more about the IDEA by watching this video: watch?v=tzvjpx6qe7m Changes brought by the IDEA included new categories for special education and related services, such as autism, developmental delay, and traumatic brain injury. Additional special education services, including transition and assistive technology services, were added. Preview the video alternate video if The duration of this video is 56:03. Preview the video alternate video if The duration of this video is??. The IDEA also initiated a deliberate change to the language used to discuss disabilities. By replacing the word handicap with disability including within the name of the law the IDEA placed the person first. Such people-first language is language speech or writing that focuses on the individual person, not on the person s disability. It is language that reinforces the fact that every person is unique and that the disability is just one ingredient in that unique person. 2 2

13 Special Education Paraprofessional Facilitator Guide Activity.2 People-First Language Preview the website alternate resource if Directions: The table below gives examples of people-first language alternatives. Can you think of others? If so, add them to the table. Avoid using words like these Think about using people-first words like these instead handicapped, crippled, differently abled, victim of, person with a disability, person who is blind stricken with, suffers from handicapped parking accessible parking Deformed born with person who uses a wheelchair, person who uses a walker confined to a wheelchair, wheelchair-bound NOTE: Walkers, wheelchairs, and crutches are mobility aids that help the user to participate more. retarded, vegetable person with intellectual disability, person with a developmental disability lunatic, crazy, psycho person with mental illness stutterers persons who stutter normal, healthy, typical non-disabled person, children without disabilities brain-damaged brain injury she has special needs she needs he is learning disabled he has a learning disability she s autistic she has autism 3 3

14 Module The IDEA also mandates that particular procedures be followed in the development of the IEP: Each student's IEP must be developed by a team of knowledgeable persons and must be reviewed at least annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion. If parents disagree with the proposed IEP, they can request a due process hearing and a review from the state educational agency (if applicable in that state). They also can appeal the state agency's decision to state or federal court. Read more about IEP development in the Special Education Handbook (203 Edition) from the Oklahoma State Department of Education, Special Education Services: Preview the website alternate resource if The 997 reauthorization of IDEA, Public Law 05-7 (IDEA 997), included amendments that emphasized education results and improved quality of special education. It also included tools for enforcement. Of particular concern at the time was the integration of students with disabilities into regular schools and classrooms. IDEA 997 also addressed school discipline, giving educators more flexibility in disciplining children with disabilities, while at the same time directing them to act in anticipation of challenging behavior rather than punishing children for misbehavior associated with their disabilities. The 2004 reauthorization of IDEA, Public Law (IDEA 2004), included changes to the IEP process, due process, and further changes to student discipline. Other changes included: The stated purposes of the IDEA were expanded to encompass preparing children for further education, in addition to employment and independent living. IDEA 2004 referred to core academic subjects and provided new definitions for highly qualified teachers and limited English proficient. In the definition of related services, surgically implanted devices such as a cochlear implant are excluded. The term universal design is new to IDEA IDEA 2004 included a revised subsection within the State Eligibility section relating to the placement of children in private schools by their parents. This revised subsection also included new language about consultation with representatives of private schools. Learn more about the evaluation of children for disability at the NICHCY website: Part C of IDEA addresses early intervention for babies and toddlers (to age 3). Part B of IDEA addresses services for school-aged children. By their third birthday, toddlers are expected to transition Preview the website alternate resource if 4 4

15 Special Education Paraprofessional Facilitator Guide Preview the website alternate resource if from early intervention to other programs, settings, or services. IDEA 2004 gave states the decision whether to provide Part C services until children are eligible for kindergarten. Visit the NICHCY website at: The website includes resources relating to transition. Preview the activity in advance. Replace any links that may have changed. Activity.3 Comparing Section 504 and IDEA (IEP) Directions: Choose the response that best applies to each characteristic or statement. Use the resources below for clues to the correct responses idea-comparison-chart Student must have a disability 2. Allows parents to request independent evaluations at school district expense 3. Provides for accommodations and modifications 4. Focus is on removing barriers to student participation 5 5

16 Module 5. Focus is on each student s unique education needs 6. Requires students to be evaluated 7. Student needs specialized instruction in order to make progress in the general curriculum 8. Student has the right to stay in his/her current placement pending a dispute ( stay put ) 0. Requires annual progress reporting. Fewer rights provided to eligible students, including protections related to disciplinary issues 2. Provides additional funding to states for eligible students 3. Requires a meeting before a change in placement 9. Covers all persons with a disability from discrimination in educational settings based solely on their disability. A 2. B 3. B 6. C 7. B 8. B 9. A 0. B. C 2. B 3. C 4. A 5. B Discuss the answers provided as a group. 6 6

17 Special Education Paraprofessional Facilitator Guide Activity.4 Comparing IDEA Part C and Part B Identify online resources to recommend for this activity. Directions: Using online resources, find more ways to compare and contrast IDEA Part C and Part B. Write them in the spaces provided in the table. Part C Early intervention services Family-based services IFSP Characterized by services relating to development and the potential for developmental delay Often one-on-one services at the child s home Part B Services for school-aged children Child-focused services IEP Characterized by services relating to access to the education environment Often in a group setting at the child s school 7 7

18 Module Activity.5 Recommendations for Transition Directions: Visit the website and summarize, in your own words, the recommendations for the transition from early intervention to preschool services: Community context Preview the activity in advance. Complete the activity in preparation for group discussion. If the link changes, adapt the activity as needed. Collaboration Communication Family concerns Continuity 8 8

19 Special Education Paraprofessional Facilitator Guide Provide samples for discussion purposes, if appropriate. Activity.6 Locating Regulations, Guidelines & Procedures Directions: Locate and obtain a copy of each of the following from your school, school district, or state authority, as appropriate: Procedures for developing positive behavioral support strategies Procedures for managing and disciplining students with disabilities Procedures for maintaining and accessing student records Procedures for reporting suspected abuse Preview the activity in advance. Activity.7 Disability Attitudes Directions: Visit the IRIS Center website below and complete the activity, Disability: Attitudes. Ask learners to complete the module review questions. Discuss the responses as a group. 9 9

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